Diploma ceremony via live stream. Can that be done just like that?

Livestream

Transmitting image and sound of the graduation ceremony via a live stream contains personal data of students, employees and other speakers. Awarding diplomas reveals study results (namely, the fact that they have passed). Study results of students are sensitive personal data and students fall under the group of vulnerable persons. Images and audio of the speakers and/or invitees will also (possibly) become available via the livestream. To protect the interests of this group of data subjects, one is therefore obliged to take appropriate technical and organizational measures when proceeding with a live stream of the graduation ceremony. But first of all, a legal basis is needed to make this livestream possible.                                                                                           

Legal basis: consent or legitimate interest?

If the graduation ceremony takes place at school and is simultaneously broadcast via a live stream, one needs a basis for this processing. The basis of consent is difficult to achieve if a large group of data subjects is involved. We think there are good arguments for the basis of legitimate interest (Article 6(1)(f) AVG).

We recommend that when considering the basis of the legitimate interest, the following preconditions be observed:

Make a proper balancing of interests

The basis of the legitimate interest requires a balancing of interests. This involves balancing I). the interests of the controller (read: the school) against II). the interests of the data subjects. The interests of the data subjects means the protection of the rights and freedoms of natural persons.

I). Importance of the school

The interest of the school is to make attending the graduation ceremony possible for all invitees. By extension, of course, there is also an interest of those who have graduated to make this event accessible to invitees who are unable to physically attend. Technological developments make it possible for this to take place securely.

In other words, with the right security measures (see below), a private live stream can be arranged in such a way that there is virtually no difference between physical or online participation.

II). Interest of those involved

The interest of those affected is that their privacy interests are not violated. This is, when organizing a live stream in a secure manner, quite possible. A school graduation ceremony is a private gathering. This applies both to the physical gathering at school and in combination with a private livestream. Because the graduation ceremony takes place at school, the school supervises the invitees and the conduct of the meeting. No people who are not invited will be hosted and there is no public space. If then the livestream is made accessible only to invitees, this is a similar situation to the physical meeting.

Take appropriate (security) measures

The physical meeting at school requires no further explanation at this point. This has been taking place for decades. As far as the private live stream is concerned, however, it is important to take appropriate (security) measures. This concerns the following measures:

I.) Data minimization

In the context of data minimization, we recommend filming only the stage, with those physically present filmed from behind.

We also recommend applying the following measures:

• Alert invitees when entering the room where the recordings are being made that recordings are being made (hang a sign);

• Providing guests with the option of not being in the picture (reserving separate space in the room).

II.) Technical security measures

Given "the state of the art," it is possible to organize a livestream in a privacy-friendly way, such that there is really no difference between the physical meeting and the livestream.

The following security measures must be observed in the process:

• Provide a private livestream (i.e., only access for invited guests);

• Secure access to the live stream with the option to allow only invited guests (waiting room);

• Only invited guests will receive the link to watch the livestream;

• Make sure the record button in Teams is disabled;

• Do not allow recordings to be made;

• We recommend not mentioning the names of unsuccessful students (after all, those are also personal data);         

Be transparent and communicate clearly about the live stream

The private livestream involves visuals and spoken word. For example, what a mentor/teacher/rector says about a student is immediately available via the livestream. The same goes for the graduated students when they are allowed to come forward to receive the diploma. Possibly other individuals will also be in the picture? In all cases, privacy safeguards are necessary. Everyone who enters the picture is a data subject. Therefore, they should be informed about the private livestream in advance.

An important privacy principle is transparency. Therefore, be clear in communicating and providing information about the private livestream. That way, everyone involved knows where they stand and can make thoughtful choices.

The following should therefore be clearly communicated to those involved:

• The school is a data controller;

• What the purpose of the processing is (to this end, describe the purpose of the processing in plain language);

• The livestream can only be viewed by invitees who have received a link to do so (upon request);

• Persons other than invited guests cannot/may not watch;

• The names of those who did not pass are not mentioned;

• The relevant invitees are urged not to record and/or share the live stream;

• A privacy-friendly video calling app (e.g., Microsoft Teams) is used;

• From the school, the images cannot go anywhere else (online);

• From the school, images are not shared (online), stored, retained or otherwise processed.

Offer the opportunity to object

On the basis of legitimate interest (Article 6(1)(f) AVG), the data subject has the right to object to the processing in accordance with Article 21 AVG. In this case, this implies that individuals must be given the opportunity to object to being in the picture. When a data subject objects, the school is obliged to cease processing in respect of that person unless the interests of the school outweigh the interests of the data subject. Specifically, this means that the data subject will not come into the picture. This must be arranged by the school. In addition, it must be clearly communicated in advance to the data subject how they can object.

Opinion  

The school is the data controller in this case. It is important that it complies with privacy principles in the processing in question. It must be able to demonstrate this in the context of accountability. Consider, for example, documentation regarding decision-making, communication, technical settings, description of the purpose of processing, basis and preconditions, etc.